African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(8 January 2021) Sudanese authorities should urgently and effectively investigate the circumstances leading to the death of Mr. Ezz El-Din Hamid Ali, a 22-year-old, who died a day after release from police custody in Omdurman. A reliable source told ACJPS that the deceased had serious injuries on his body after he was released from detention and had to be taken to hospital for treatment. Unfortunately, he did not make it out of hospital alive.
On 17 December 2020, Mr. Ezz El-DinHamid Ali was arrested by police detectives from Umbada Al-Hara No. 15 police station on suspicion of stealing a vehicle. About four months ago, on 25 August 2020, the owner of the missing vehicle had reported the theft of his vehicle. Mr. Ezz El-din was later charged with theft under article 174 of the 1991 Criminal Act before the Doha Police Station, in Omdurman.
After his health deteriorated while in detention, Mr. Ezz El-Din was released on bail. He arrived home with severe injuries on his body that needed to be treated. He was then taken to Shifa Al-Alil Modern Medical Hospital in Umbada Al-Hara No 20, but he died there on Saturday 26 December 2020. An inquiry to ascertain the cause of death in accordance with article 51of the Criminal Procedure Act, 1991, was initiated and the body of the deceased was transferred to the forensic facility for an autopsy. The medical report stated that the deceased was beaten severely with solid objects.
In a statement, the spokesperson of the Sudanese Police Force announced that the police officers who were involved in the detention and torture of Mr Ezz El-Din were arrested and detained and that an investigation led by the Public Prosecution office was being conducted. Accordingly, the police officers were charged with Article 21 (joint acts of conspiracy) and 130 (murder) of the Criminal Act under file number 4107/ 2020 before the Central Omdurman police station.
The African Centre for Justice and Peace Studies (ACJPS) calls on the Government of Sudan to ensure that reported allegations of torture and the circumstances leading to the death of Mr. Ezz El-Din should be the subject of a thorough, impartial, and effective investigation. Such investigation should ensure that perpetrators are held accountable.
ACJPS further calls on the Government of Sudan to expedite law reforms and criminalize torture in line with international standards including the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), provide effective access to justice and adequate reparation to victims of torture, and ensure that confessions obtained under torture are not used or accepted by courts under any circumstances. The Government should explicitly denounce the use of torture or other ill-treatment by state agents to intimidate or extract confessions from persons in their custody.
Background
During his Independence Day address, Prime Minister Abdallah Hamdok reconfirmed the Council of Ministers approval of the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). The missing step to seal the ratification of these key treaties is an approval from the joint meeting of the Sovereign Council and Transitional Cabinet.
Sudan signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) in 1986. However, 35 years later, it is yet to ratify the Convention. Sudan is also party to other international treaties, such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, that prohibit torture and other ill-treatment.
The use of torture in Sudan is exacerbated by a weak legal framework to ensure the prohibition of torture. The African Commission on Human and Peoples’ Rights has found that Sudanese authorities have used torture as a means of extracting confessions and inflicting punishment on persons in custody.
On 16 December, Mr. Baha Eldeen was abducted and detained at a Rapid Support Forces (RSF) detention centre in Alsafia neighbourhood in Khartoum North. Whilst in detention, it is reported that Mr. Baha was subjected to torture. A medical report revealed that Mr. Baha suffered multiple injuries that led to his death.
